Andhra Pradesh Court September 2002 Judgments
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J. Jagannatha Reddy Vs. J. Ravinder Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(6)ALD435; 2002(6)ALT502
D.S.R. Varma, J. 1. The present L.P.As. are filed against the judgment and decree dated 6-4-1993 passed by this Court in CCCA No. 185 of 1982. 2. LPA No. 215 of 1994 is filed by defendant No. 6 aggrieved by the findings of the trial Court, as confirmed by the learned single Judge, with regard to house No. 1-41 i.e., item No. 1 of B schedule property. 3. LPA No. 216 of 1994 is filed by the plaintiffs 1 and 2 in the suit aggrieved by the judgment of the learned single Judge, confirming the judgment of the Court in OS No. 251/1980. 4. Since both the appeals arise out of same judgment and decree dated 6-4-1993 in CCC No. 185 of 1982, they are being disposed of by this common judgment. For the sake of convenience, the parties shall be referred as plaintiffs and defendants i.e., as per their array in the original suit. 5. The brief facts are as follows:- 6. Plaintiffs 1 and 2 and defendant No. 1 are brothers and are sons of late Laxma Reddy. Defendants 2 and 3 are their sisters. Plaintiff No...
Dodla Chinnabbai Reddy Vs. Dodla Kumara Swami Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(6)ALD415
D.S.R. Varma, J. 1. This appeal is filed challenging the judgment and decree dated 26.11.2001 passed by the learned single Judge in A.S. No. 730 of 1991, whereby the appeal filed by the plaintiff was partly allowed directing partition of the plaint schedule properties into four equal shares among the plaintiff and defendants 1 to 3 with a further direction to allot one such share to the plaintiff. In the result, the suit in O.S. No. 136/1986 was partly decreed after setting aside the judgment and decree passed by the trial Court and further dismissing the suit against defendants 4 and 5 by holding that the suit does not lie against them. The learned single Judge further gave liberty to the plaintiff to claim the reliefs in the suit on other aspects by way of filing a separate application for the said reliefs.2. The facts that lead to the filing of the suit are briefly as under:3. For convenience, the parties are referred to as plaintiff and defendants.4. The plaintiff filed O.S. No. 92...
Dasari Uma Maheswara Rao and anr. Vs. Somasi Venkata Ramachandra Murth ...
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(6)ALD767; 2003(2)ALT135
ORDERP.S. Narayan, J. 1 Heard Sri M.V.S. Suresh Kumar, learned Counsel representing the review petitioner and Sri S.V. Ramachandra Murthy, party-in-person. For the reasons explained in CMP No. 3348 of 2002 the delay in representation of review application is hereby condoned. 2. The matter initially came up before Honourable Dr. Justice Motilal B. Naik and myself inasmuch as the other learned Judge Hon'ble Sri Justice B. Subhashan Reddy, who is a party to the judgment delivered in the aforesaid LP.A. at present is not sitting Judge of this Court and was transferred as the Hon'ble Chief Justice of High Court of Madras. When the matter came up before the Division Bench consisting of Hon'ble Dr. Justice Motilal B. Naik and myself on 12.7.2001 at the stage of hearing the review CMP, it was brought to our notice that as provided under Order 47, Rule 5 of the Code of Civil Procedure, the review petition is to be heard only by such of those Judges who are party to the decision, provided if one...
Tangella Sesham Raju and ors. Vs. Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Sep-06-2002
Reported in: 2002(6)ALT710
D.S.R. Varma, J.1. The original allottees of the stalls by the A.P. State Road Transport Corporation filed the present L.P.As. aggrieved by the common judgment of the learned Single Judge of this Court dated 10-4-1996 in A.S. Nos. 1502,1165, 1166,1787,2708 of 1989 and Tr.A.S. Nos. 463/1993 and 1509 and 1510 of 1995.2. Since all the appeals are filed against the above said common judgment and also since the subject matter, and the A.P.S.R.T.C. is common, they are being disposed of by this common judgment.3. Since some suits were filed by the allottees seeking permanent injunction and some other suits were filed by A.P.S.R.T.C. seeking damages for use and occupation against the same allottees and also since all the suits were disposed of by a common judgment and decree, for the sake of convenience broadly the parties will be referred to as 'allottees' and 'the Corporation'.4. The brief facts leading to the filing of the present appeals are as follows:-The appellants in these L.P.As. were...
Sir C.R. Reddy Law College Employees' Association and Ors. Vs. Bar Cou ...
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(5)ALD592
ORDERL. Narasimha Reddy, J.1. The 1st petitioners is the Employee's Association and petitioners 2 to 5 are the employees of Sir C.R. Reddy Law College, Eluru. They challenge the orders of Bar Council of India, 1st respondent, dated 15-7-2002, permitting the closure of Sir C.R.R. Law College, Eluru, the 7th respondent (hereinafter referred to as 'the Law College').2. Briefly stated, the relevant facts are as under:3. Sir C.R. Reddy College, Eluru, was established in the year 1951. It had established several educational institutions at Eluru. It proposed to establish a Law College. It was accorded approval by the 1 st respondent, through orders dated 13-9-1976. The Government of Andhra Pradesh, issued G.O. Ms. No.943 dated 22-9-1997, according permission for establishment of the Law College. Accordingly, the 7th respondent-Law College came to be established. The Andhra University, the 2nd respondent, granted affiliation from time to time and through proceedings dated 2-1-1984, it accorde...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Koduri Venkata Cha ...
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(6)ALD167
V.V.S. Rao, J.1. The Divisional Manager, Oriental Insurance Company Limited, Warangal Branch, is the appellant in the C.M.A. filed against the Award dated 31.7.1997 in O.P.No. 312 of 1995 passed by the Motor Vehicle Accidents Claims Tribunal, Warangal. On 29-1-1994 the first respondent, who was working as Teacher in Rajendra Convent School, was going to school. At 8.45 a.m. when he reached Ajantha Bar at Pochamma Maidan, the scooter driven by the second respondent herein came from backside and dashed against the first respondent causing multiple injuries to him. He filed the O.P. before the Tribunal claiming an amount of Rs. 25,000/-as compensation. The driver and owner of the scooter remained ex pane. The Insurance Company opposed the claim inter alia on the ground that as the driver was not having valid licence, the Insurance Company stands exonerated under the policy. The claimant examined himself as PW1 and marked Exs.A1 to A5. The Insurance Company did not lead oral evidence, but ...
P. Leela Rani Vs. Agency Divisional Officer, (Sub-collector) and anr.
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(6)ALD251; 2003(1)ALT448
ORDERA. Gopal Reddy, J. 1. The respondent No. 1 in OP No. 1/2001 before the first respondent-Election Tribunal is the petitioner herein. The petitioner as well as the second respondent contested for the post of Zilla Pasrishad Territorial Constituency (ZPTC) member, Venkatapuram Segment of Khammam District and the petitioner got elected as ZPTC member on 12-7-2001. The second respondent herein filed OP No. 1/2001 before the first respondent questioning theelection of the petitioner invoking A.P. Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short 'the Election Rules, 1995'). The first respondent-Election Tribunal disposed of OP No. 1/1001 setting aside the petitioner's election as ZPTC member from Venkatapuram segment of Khammam District and further declared that the second respondent has been duly elected as ZPTC member by a margin of 5 votes. Questioning the same, the petitioner herein filed WP No. 16661/2001 s...
Mazhar Sultana Vs. Mohd. Abdul Majeed
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(6)ALD119; 2003(1)ALT68
ORDERGopalakrishna Tamada, J.1. In this petition filed under Section 24 of the Code of Civil Procedure, the petitioner, who is the respondent in O.P. No.23 of 2002 on the file of the Family Court, City Civil Court, Hyderabad, seeks transfer of the said O.P. to the District Court, Nalgonda.2. The averments in the petition are that the petitioner herein hails from an orthodox Muslim family and she is a pardanashin lady. The respondent herein is her husband and their marriage was solemnised on 30-5-1991 at Nalgonda. Ever since the date of marriage, she has been subjected to mental and physical torture for additional dowry and the respondent is addicted to bad vices such as alcohol and woman. Inspite of the said mental and physical torture, she led the marital life with the respondent and ultimately the respondent herein pronounced talaq on 14-6-1998. During their wedlock, the petitioner gave birth to five children. After talaq, herself and her children are living with her parents and brot...
Bhimadole Nageswara Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(6)ALD117; 2002(5)ALT588
ORDERB. Prakash Rao, J.1. The petitioner, who is the Sarpanch of Gram Panchayat, Bhimadole, West Godavari District, filed this writ petition seeking a writ of mandamus challenging the orders of suspension dated 9.5.2002 passed by the District Collector, West Godavari, Eluru the respondent No. 2 herein in exercise of powers under Section 249(6) of the A.P. Panchayat Raj Act, 1994 (for short, the 'Act').2. The brief facts which are necessary for the purpose of deciding this case are, that the petitioner was elected as the Sarpanch of Bhimadole in August, 2001 as an independent candidate, in the post reserved for Scheduled Caste and he has been discharging his functions to the satisfaction of one and all. However, by the impugned orders dated 9.5.2002, the respondent No.2, acting on the letter dated 30th April, 2002 from the Deputy Superintendent of Police, A.C.B., Eluru stating that he was caught in a trap while receiving bribe of Rs.300/- from one Krupanandam, husband of Smt. Dayamani, ...
Laxminarayan Jhawar Vs. Badrivishal Pitti (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Sep-05-2002
Reported in: 2002(6)ALD452; 2003(1)ALT12
ORDERV. Eswaraiah, J. 1. This revision is filed against the judgment dated 22-12-1999 passed in RA No. 343 of 1995 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad, confirming the order of eviction passed by the 1st Additional Rent Controller, Hyderabad in RC No. 391/89, dated 26-4-1995. 2. The petitioner herein is the tenant in respect of the premises bearing No. 14-4-392 situated at Begum Bazar, Hyderabad, herein after referred to as 'the said premises.' The 1st respondent herein is the landlord of the said premises. He filed RC No. 391/89 before Rent Controller, Hyderabad for eviction of the petitioner under Section 10(2)(i) and 10(2) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Rent Control Act') for wilful default of payment rent and also for subletting the said premises in favour of the 2nd respondent herein. 3. Before the Rent Controller the landlord examined himself as PW1 andExs.A1 to A8 were marked. Ex.A2 is the c...
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